CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1273
Citations Affected: IC 4-6-14-2; IC 9-13-2-19.5; IC 9-23-3; IC 16-28-1-11; IC 16-37;
IC 24-4.7; IC 24-5-0.5; IC 24-9-2-7; IC 25-1-7; IC 25-22.5-2; IC 25-35.6-1-8; IC 27-7-3-15.5;
IC 34-30-2-96.4.
Synopsis: Consumer protection and licensing matters. Defines health care provider for purposes
of the statute authorizing the attorney general to take certain actions with respect to abandoned
health records and other records containing personal information. Provides that it is an unfair
practice for an automotive manufacturer or distributor to fail to pay certain claims made by an
automotive dealer. Authorizes an automotive manufacturer or distributor to: (1) audit certain
claims; or (2) charge back to a dealer any amounts paid on false or materially unsubstantiated
claims. Specifies that the statute governing the quarterly listing of telephone numbers of Indiana
consumers who request not to be solicited by telephone applies to a residential telephone
subscriber who meets certain requirements. Requires the attorney general's consumer protection
division (division) to notify Indiana residents of the right of certain subscribers or users to place
a telephone number on the listing. Specifies what is included as a "telephone sales call". Amends
the statute concerning deceptive consumer sales to: (1) provide that a violation of the federal Fair
Debt Collection Practices Act (FDCPA) is a deceptive act; and (2) include cross references to
certain consumer protection statutes, the violation of which constitutes a deceptive act. Limits
the civil penalty that the attorney general may recover for a violation of the FDCPA to $1,000
per consumer. Specifies that for purposes of the statute governing home loan practices, a
"deceptive act" includes a knowing or intentional misrepresentation made regarding real estate
transactions and mortgage transactions. Authorizes a physician last in attendance of a deceased
to initiate the document process for the death record. Specifies that a professional who violates
the vital statistics statute is subject to discipline under the professional's license instead of
committing a Class B misdemeanor, and that the state department of health may not sanction
providers for certain violations under the statute until January 1, 2012. Authorizes the medical
licensing board of Indiana (board) to investigate and assess civil penalties for specified violations
by licensed physicians. Requires the division to forward complaints for specified violations to
the board unless certain circumstances are met. Establishes the physician compliance fund.
Specifies requirements for the reporting of penalties and prohibits the board from reporting
specified administrative penalties. Requires certain certified nurse aides to be certified by the
state department and requires the state department to: (1) establish a program; (2) prescribe
education and training programs; (3) determine specified standards; and (4) establish annual
certification fees; for certified nurse aides who work in health facilities. Recognizes
speech-language pathologists who: (1) before September 1, 1990, completed all the course work
and obtained all the experience required to receive a life license from the department of
education; and (2) were issued a life license by the department of education; as eligible to
supervise speech-language pathology support personnel (in lieu of another requirement to have
obtained a certificate of clinical competence from a nationally recognized association). Removes
a provision requiring that, to supervise speech-language pathology support personnel, a
speech-language pathologist have at least three years of clinical experience. Provides for
licensure of speech-language pathologists if certain continuing education standards are met.
Voids part of an administrative rule concerning qualification requirements to supervise
speech-language pathology support personnel. Provides that the requirement of the collection and
storage in an electronic system of certain information about persons participating in or assisting
with certain residential mortgage transactions also applies in the case of certain residential real
estate transactions that do not involve mortgage transactions. Requires certain additional
information about residential mortgage transactions and residential real estate transactions to be
collected and stored in the system. (This conference committee report does the following: (1)
Removes from EHB 1273 (as reprinted April 6, 2011) all provisions concerning the practice
of dentistry, including provisions prohibiting dental insurers and health maintenance
organizations from requiring dentists to accept certain payments. (2) Makes technical
corrections.)
Effective: Upon passage; July 1, 2010 (retroactive); December 31, 2010 (retroactive); July 1,
2011.
Text Box
Adopted Rejected
[
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed Senate Amendments to Engrossed House Bill No. 1273 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 4-6-14-2; (11)CC127302.1. -->
SECTION 1. IC 4-6-14-2, AS ADDED BY P.L.84-2010, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: Sec. 2. As used in this chapter, "health care provider" means:
(1) a person listed in IC 16-39-7-1(a)(1) through
IC 16-39-7-1(a)(11); or
(2) a person licensed, certified, registered, or regulated by a
board listed in IC 25-1-9-1.
SOURCE: IC 9-13-2-19.5; (11)CC127302.2. -->
SECTION 2. IC 9-13-2-19.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 19.5. "Charge back", for purposes of IC 9-23-3, has
the meaning set forth in IC 9-23-3-0.2.
SOURCE: IC 9-23-3-0.2; (11)CC127302.3. -->
SECTION 3. IC 9-23-3-0.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.2. As used in this chapter, "charge back" means a
manufacturer induced return of incentive payments to a
manufacturer by a dealer. The term includes a manufacturer
drawing funds from an account of a dealer.
SOURCE: IC 9-23-3-15; (11)CC127302.4. -->
SECTION 4. IC 9-23-3-15, AS AMENDED BY P.L.76-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 15. (a) It is an unfair practice for a manufacturer
or distributor to:
(1) fail to pay all claims made by dealers for compensation for:
(A) delivery and preparation work; and
(B) warranty work; and
(C) incentive payments;
within thirty (30) days after approval;
(2) fail to approve or disapprove the claims within thirty (30) days
after receipt; or
(3) disapprove a claim without notice to the dealer in writing of
the grounds for disapproval.
(b) Subject to subsection (c), a manufacturer or distributor may:
(1) audit claims made by a dealer for warranty work or
incentive payments for up to one (1) year after the date on
which a claim is paid; or
(2) charge back to a dealer any amounts paid on false or
unsubstantiated claims for warranty work or incentive
payments.
for up to two (2) years after the date on which a claim is paid.
However, the limitations of this subsection do not apply if the
manufacturer or distributor can prove fraud on a claim. A manufacturer
or distributor shall not discriminate among dealers with regard to
auditing or charging back claims.
(c) The limitations of subsection (b) do not apply if the
manufacturer or distributor can prove fraud on a claim.
SOURCE: IC 16-28-1-11; (11)CC127302.5. -->
SECTION 5. IC 16-28-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11. (a) Unless an
individual is certified under this section:
(1) the individual may not practice as a qualified medication aide
or a certified nurse aide; and
(2) a facility may not employ the individual as a qualified
medication aide or a certified nurse aide.
(b) The council state department shall do the following:
(1) Establish a program for the certification of qualified
medication aides and certified nurse aides who work in facilities
licensed under this article.
(2) Prescribe education and training programs for qualified
medication aides and certified nurse aides, including course and
inservice requirements. The training program must include a
competency test that the individual must pass before being
granted an initial certification.
(3) Determine the standards concerning the functions that may be
performed by a qualified medication aide and a certified nurse
aide.
(4) Establish annual certification fees for qualified medication
aides.
(5) Adopt rules under IC 4-22-2 necessary to implement and
enforce this section.
(c) The state department shall maintain a registry of each individual
who is:
(1) certified as a:
(A) qualified medication aide; or
(B) certified nurse aide; or
(2) registered as a home health aide under rules adopted
under IC 16-27-1-7.
(d) The department may conduct hearings for violations of this
section under IC 4-21.5.
SOURCE: IC 16-37-1-3.1; (11)CC127302.6. -->
SECTION 6. IC 16-37-1-3.1, AS ADDED BY P.L.61-2009,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
DECEMBER 31, 2010 (RETROACTIVE)]: Sec. 3.1. (a) Beginning
January 1, 2011, the state department shall establish the Indiana birth
registration system (IBRS) for recording in an electronic format live
births in Indiana.
(b) Beginning January 1, 2011, the state department shall establish
the Indiana death registration system (IDRS) for recording in an
electronic format deaths in Indiana.
(c) Submission of records on births and deaths shall be entered by:
(1) funeral directors;
(2) physicians;
(3) coroners;
(4) medical examiners;
(5) persons in attendance at birth; and
(6) local health departments;
using the electronic system created by the state department under this
section.
(d) A person in attendance at a live birth shall report a birth to the
local health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indiana
death registration system:
(1) The:
(A) physician last in attendance upon the deceased; or
(B) person in charge of interment;
shall initiate the document process. and If the person in charge
of interment initiates the process, the person in charge of
interment shall electronically submit the certificate required
under IC 16-37-3-5 to the physician last in attendance upon the
deceased not later than five (5) days after the death.
(2) The physician last in attendance upon the deceased shall
electronically certify to the local health department the cause of
death on the certificate of death not later than five (5) days after:
(A) initiating the document process; or
(B) receiving under IC 16-37-3-5 the electronic notification
from the person in charge of interment.
(3) The local health officer shall submit the reports required under
IC 16-37-1-5 to the state department not later than five (5) days
after electronically receiving under IC 16-37-3-5 the completed
certificate of death from the physician last in attendance.
SOURCE: IC 16-37-1-13; (11)CC127302.7. -->
SECTION 7. IC 16-37-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 13. (a) Except as
provided in subsection (c) or (d) or as otherwise provided, a person
who recklessly violates or fails to comply with this chapter commits a
Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
(c) A person who:
(1) is licensed under IC 25 in a profession listed in section
3.1(c) of this chapter; and
(2) recklessly violates or fails to comply with this chapter;
is subject only to sanctions under IC 25-1-9-4(a)(3).
(d) The state department may not begin sanctioning a person for
failing to submit a document in electronic format as required in
section 3.1 of this chapter until January 1, 2012.
SOURCE: IC 16-37-3-3; (11)CC127302.8. -->
SECTION 8. IC 16-37-3-3, AS AMENDED BY P.L.61-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) The physician last in attendance upon the
deceased or the person in charge of interment shall file a certificate of
death or of stillbirth with the local health officer of the jurisdiction in
which the death or stillbirth occurred.
(b) Notwithstanding subsection (a), beginning January 1, 2011, the
physician last in attendance upon the deceased or the person in
charge of interment shall use the Indiana death registration system
established under IC 16-37-1-3.1 to file a certificate of death with the
local health officer of the jurisdiction in which the death occurred. The
local health officer shall retain a copy of the certificate of death.
SOURCE: IC 16-37-3-4; (11)CC127302.9. -->
SECTION 9. IC 16-37-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. The physician last
in attendance upon the deceased or the person in charge of interment
shall secure the personal data required by the state department by rules
adopted under IC 4-22-2 for preparation of the certificate of death or
of stillbirth from the persons best qualified to give the information.
SOURCE: IC 16-37-3-5; (11)CC127302.10. -->
SECTION 10. IC 16-37-3-5, AS AMENDED BY P.L.61-2009,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) If the person in charge of interment initiates
the process, the person in charge of interment shall present a
certificate of death to the physician last in attendance upon the
deceased, who shall certify the cause of death upon the certificate of
death or of stillbirth.
(b) Notwithstanding subsection (a), beginning January 1, 2011,
using the Indiana death registration system established under
IC 16-37-1-3.1, if the person in charge of interment initiates the
process, the person in charge of interment shall electronically
provide a certificate of death to the physician last in attendance upon
the deceased. The physician last in attendance upon the deceased shall
electronically certify to the local health department the cause of death
on the certificate of death, using the Indiana death registration system.
SOURCE: IC 24-4.7-2-2; (11)CC127302.11. -->
SECTION 11. IC 24-4.7-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) "Consumer"
means a residential telephone subscriber who: is an actual or a
prospective:
(1) for the telephone service received:
(A) has a place of primary use in Indiana; or
(B) is issued an Indiana telephone number or an Indiana
identification number; and
(2) is an actual or a prospective:
(1) (A) purchaser, lessee, or recipient of consumer goods or
services; or
(2) (B) donor to a charitable organization.
(b) The term includes a user of a prepaid wireless calling service
(as defined in IC 6-2.5-1-22.4) who:
(1) is issued an Indiana telephone number or an Indiana
identification number for the service; or
(2) purchases prepaid wireless calling service in a retail
transaction that is sourced to Indiana (as determined under
IC 6-2.5-12-16).
SOURCE: IC 24-4.7-2-5; (11)CC127302.12. -->
SECTION 12. IC 24-4.7-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. "Doing business
in Indiana" means:
(1) making; or
(2) causing others to make;
telephone sales calls to consumers located in Indiana whether the
telephone sales calls are made from a location in Indiana or outside
Indiana.
SOURCE: IC 24-4.7-2-7; (11)CC127302.13. -->
SECTION 13. IC 24-4.7-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. "Listing" refers
to the no telephone sales solicitation listing published by the division
under IC 24-4.7-3 that lists the names telephone numbers of persons
consumers who do not wish to receive telephone sales calls.
SOURCE: IC 24-4.7-2-7.5; (11)CC127302.14. -->
SECTION 14. IC 24-4.7-2-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7.5. "Place of primary use",
with respect to a telephone subscriber, means the street address
representative of where the subscriber's use of the telephone
service primarily occurs, which must be:
(1) the residential street address of the subscriber or, in the
case of a subscriber of interconnected VOIP service, the
subscriber's registered location (as defined in 47 CFR 9.3);
and
(2) in the case of mobile telecommunications services (as
defined in IC 6-8.1-15-7), within the licensed service area of
the home service provider, as set forth in IC 6-8.1-15-8.
SOURCE: IC 24-4.7-2-8; (11)CC127302.15. -->
SECTION 15. IC 24-4.7-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. "Telephone
number" means a residential telephone number that:
(1) is assigned to a subscriber who has a place of primary use
in Indiana; or
(2) otherwise represents an Indiana telephone number or is
associated with an Indiana identification number.
SOURCE: IC 24-4.7-2-9; (11)CC127302.16. -->
SECTION 16. IC 24-4.7-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) "Telephone
sales call" means a telephone call made to a consumer for any of the
following purposes:
(1) Solicitation of a sale of consumer goods or services.
(2) Solicitation of a charitable contribution.
(3) Obtaining information that will or may be used for the direct
solicitation of a sale of consumer goods or services or an
extension of credit for such purposes.
(b) The term includes any of the following:
(1) A call made by use of an automated dialing or device.
(2) A call made by use of a recorded message devices. device.
(3) Transmission of:
(A) a text message; or
(B) a graphic message;
using short message service (SMS).
(4) Transmission of:
(A) an image;
(B) a photograph; or
(C) a multimedia message;
using multimedia messaging service (MMS).
SOURCE: IC 24-4.7-3-4; (11)CC127302.17. -->
SECTION 17. IC 24-4.7-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. The division
shall notify Indiana residents of the rights and duties created by this
article, including the right of any of the following consumers to
place a telephone number on the listing established and maintained
under section 1 of this chapter:
(1) Subscribers of interconnected VOIP service.
(2) Subscribers of mobile telecommunications service (as
defined in IC 6-8.1-15-7).
(3) Users of a prepaid wireless calling service, as described in
IC 24-4.7-2-2(b).
SOURCE: IC 24-5-0.5-2; (11)CC127302.18. -->
SECTION 18. IC 24-5-0.5-2, AS AMENDED BY P.L.1-2007,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this chapter:
(1) "Consumer transaction" means a sale, lease, assignment,
award by chance, or other disposition of an item of personal
property, real property, a service, or an intangible, except
securities and policies or contracts of insurance issued by
corporations authorized to transact an insurance business under
the laws of the state of Indiana, with or without an extension of
credit, to a person for purposes that are primarily personal,
familial, charitable, agricultural, or household, or a solicitation to
supply any of these things. However, the term includes the
following:
(A) A transfer of structured settlement payment rights under
IC 34-50-2.
(B) An unsolicited advertisement sent to a person by telephone
facsimile machine offering a sale, lease, assignment, award by
chance, or other disposition of an item of personal property,
real property, a service, or an intangible.
(C) Collecting or attempting to collect a debt owed or due,
or asserted to be owed or due, to another person.
(2) "Person" means an individual, corporation, the state of Indiana
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, nonprofit corporation or organization, or
cooperative or any other legal entity.
(3) "Supplier" means the following:
(A) A seller, lessor, assignor, or other person who regularly
engages in or solicits consumer transactions, including
soliciting a consumer transaction by using a telephone
facsimile machine to transmit an unsolicited advertisement.
The term includes a manufacturer, wholesaler, or retailer,
whether or not the person deals directly with the consumer.
(B) A person who contrives, prepares, sets up, operates,
publicizes by means of advertisements, or promotes a pyramid
promotional scheme.
(C) A debt collector.
(4) "Subject of a consumer transaction" means the personal
property, real property, services, or intangibles offered or
furnished in a consumer transaction.
(5) "Cure" as applied to a deceptive act, means either:
(A) to offer in writing to adjust or modify the consumer
transaction to which the act relates to conform to the
reasonable expectations of the consumer generated by such
deceptive act and to perform such offer if accepted by the
consumer; or
(B) to offer in writing to rescind such consumer transaction
and to perform such offer if accepted by the consumer.
The term includes an offer in writing of one (1) or more items of
value, including monetary compensation, that the supplier
delivers to a consumer or a representative of the consumer if
accepted by the consumer.
(6) "Offer to cure" as applied to a deceptive act is a cure that:
(A) is reasonably calculated to remedy a loss claimed by the
consumer; and
(B) includes a minimum additional amount that is the greater
of:
(i) ten percent (10%) of the value of the remedy under
clause (A), but not more than four thousand dollars
($4,000); or
(ii) five hundred dollars ($500);
as compensation for attorney's fees, expenses, and other costs
that a consumer may incur in relation to the deceptive act.
(7) "Uncured deceptive act" means a deceptive act:
(A) with respect to which a consumer who has been damaged
by such act has given notice to the supplier under section 5(a)
of this chapter; and
(B) either:
(i) no offer to cure has been made to such consumer within
thirty (30) days after such notice; or
(ii) the act has not been cured as to such consumer within a
reasonable time after the consumer's acceptance of the offer
to cure.
(8) "Incurable deceptive act" means a deceptive act done by a
supplier as part of a scheme, artifice, or device with intent to
defraud or mislead. The term includes a failure of a transferee of
structured settlement payment rights to timely provide a true and
complete disclosure statement to a payee as provided under
IC 34-50-2 in connection with a direct or indirect transfer of
structured settlement payment rights.
(9) "Pyramid promotional scheme" means any program utilizing
a pyramid or chain process by which a participant in the program
gives a valuable consideration exceeding one hundred dollars
($100) for the opportunity or right to receive compensation or
other things of value in return for inducing other persons to
become participants for the purpose of gaining new participants
in the program. The term does not include ordinary sales of goods
or services to persons who are not purchasing in order to
participate in such a scheme.
(10) "Promoting a pyramid promotional scheme" means:
(A) inducing or attempting to induce one (1) or more other
persons to become participants in a pyramid promotional
scheme; or
(B) assisting another in promoting a pyramid promotional
scheme.
(11) "Elderly person" means an individual who is at least
sixty-five (65) years of age.
(12) "Telephone facsimile machine" means equipment that has
the capacity to transcribe text or images, or both, from:
(A) paper into an electronic signal and to transmit that signal
over a regular telephone line; or
(B) an electronic signal received over a regular telephone line
onto paper.
(13) "Unsolicited advertisement" means material advertising the
commercial availability or quality of:
(A) property;
(B) goods; or
(C) services;
that is transmitted to a person without the person's prior express
invitation or permission, in writing or otherwise.
(14) "Debt" has the meaning set forth in 15 U.S.C. 1692a(5)).
(15) "Debt collector" has the meaning set forth in 15 U.S.C.
1692a(6). The term does not include a person admitted to the
practice of law in Indiana if the person is acting within the
course and scope of the person's practice as an attorney.
(b) As used in section 3(a)(15) and 3(a)(16) of this chapter:
(1) "Directory assistance" means the disclosure of telephone
number information in connection with an identified telephone
service subscriber by means of a live operator or automated
service.
(2) "Local telephone directory" refers to a telephone classified
advertising directory or the business section of a telephone
directory that is distributed by a telephone company or directory
publisher to subscribers located in the local exchanges contained
in the directory. The term includes a directory that includes
listings of more than one (1) telephone company.
(3) "Local telephone number" refers to a telephone number that
has the three (3) number prefix used by the provider of telephone
service for telephones physically located within the area covered
by the local telephone directory in which the number is listed. The
term does not include long distance numbers or 800-, 888-, or
900- exchange numbers listed in a local telephone directory.
SOURCE: IC 24-5-0.5-3; (11)CC127302.19. -->
SECTION 19. IC 24-5-0.5-3, AS AMENDED BY P.L.1-2009,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The following acts, and the
following representations as to the subject matter of a consumer
transaction, made orally, in writing, or by electronic communication,
by a supplier, are deceptive acts:
(1) That such subject of a consumer transaction has sponsorship,
approval, performance, characteristics, accessories, uses, or
benefits it does not have which the supplier knows or should
reasonably know it does not have.
(2) That such subject of a consumer transaction is of a particular
standard, quality, grade, style, or model, if it is not and if the
supplier knows or should reasonably know that it is not.
(3) That such subject of a consumer transaction is new or unused,
if it is not and if the supplier knows or should reasonably know
that it is not.
(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.
(5) That replacement or repair constituting the subject of a
consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
does not have.
(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.
(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.
(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.
(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
specified work is completed and:
(A) the cost exceeds the estimate by an amount equal to or
greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the
customer to authorize the supplier to complete the work even
if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction
is more than seven hundred fifty dollars ($750); and
(D) the supplier knew or reasonably should have known that
the cost would exceed the estimate in the amounts specified in
clause (A).
(13) That the replacement or repair constituting the subject of a
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:
(A) the customer has been notified that the work has been
completed; and
(B) the part repaired or replaced has been made available for
examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the
supplier by listing a fictitious business name or an assumed
business name (as described in IC 23-15-1) in a local telephone
directory if:
(A) the name misrepresents the supplier's geographic location;
(B) the listing fails to identify the locality and state of the
supplier's business;
(C) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the calling area covered by the local telephone
directory; and
(D) the supplier's business location is located in a county that
is not contiguous to a county in the calling area covered by the
local telephone directory.
(16) The act of listing a fictitious business name or assumed
business name (as described in IC 23-15-1) in a directory
assistance database if:
(A) the name misrepresents the supplier's geographic location;
(B) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the local calling area; and
(C) the supplier's business location is located in a county that
is not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.
(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
rules or regulations issued under the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.).
(21) A violation of IC 24-5-7 (concerning health spa services),
as set forth in IC 24-5-7-17.
(22) A violation of IC 24-5-8 (concerning business opportunity
transactions), as set forth in IC 24-5-8-20.
(23) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.
(24) A violation of IC 24-5-11 (concerning home improvement
contracts), as set forth in IC 24-5-11-14.
(25) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.
(26) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.
(27) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.
(28) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.
(29) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.
(30) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.
(31) A violation of IC 24-5-19 (concerning deceptive
commercial solicitation), as set forth in IC 24-5-19-11.
(32) A violation of IC 24-5-21 (concerning prescription drug
discount cards), as set forth in IC 24-5-21-7.
(33) A violation of IC 24-5-23.5-7 (concerning real estate
appraisals), as set forth in IC 24-5-23.5-9.
(34) A violation of IC 24-5-26 (concerning identity theft), as
set forth in IC 24-5-26-3.
(35) A violation of IC 24-5.5 (concerning mortgage rescue
fraud), as set forth in IC 24-5.5-6-1.
(36) A violation of IC 24-8 (concerning promotional gifts and
contests), as set forth in IC 24-8-6-3.
(b) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
(c) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
(d) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
(e) For purposes of subsection (a)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.
(f) For purposes of subsection (a)(15) and (a)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of a fictitious business name or assumed business
name of a supplier in its directory or directory assistance database
unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
(g) For purposes of subsection (a)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
SOURCE: IC 24-5-0.5-4; (11)CC127302.20. -->
SECTION 20. IC 24-5-0.5-4, AS AMENDED BY HEA 1182-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) A person relying upon an uncured or
incurable deceptive act may bring an action for the damages actually
suffered as a consumer as a result of the deceptive act or five hundred
dollars ($500), whichever is greater. The court may increase damages
for a willful deceptive act in an amount that does not exceed the greater
of:
(1) three (3) times the actual damages of the consumer suffering
the loss; or
(2) one thousand dollars ($1,000).
Except as provided in subsection (j), the court may award reasonable
attorney fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction
in real property, including a claim or action involving a construction
defect (as defined in IC 32-27-3-1(5)) brought against a construction
professional (as defined in IC 32-27-3-1(4)), except for purchases of
time shares and camping club memberships.
This subsection does not
apply with respect to a deceptive act described in section 3(a)(20)
of this chapter. This subsection also does not apply to a violation of
IC 24-4.7, IC 24-5-12, or IC 24-5-14. Actual damages awarded to a
person under this section have priority over any civil penalty imposed
under this chapter.
(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which has
been damaged by such deceptive act, subject to and under the Indiana
Rules of Trial Procedure governing class actions, except as herein
expressly provided. Except as provided in subsection (j), the court may
award reasonable attorney fees to the party that prevails in a class
action under this subsection, provided that such fee shall be determined
by the amount of time reasonably expended by the attorney and not by
the amount of the judgment, although the contingency of the fee may
be considered. Except in the case of an extension of time granted by the
attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
any money or other property recovered in a class action under this
subsection which cannot, with due diligence, be restored to consumers
within one (1) year after the judgment becomes final shall be returned
to the party depositing the same. This subsection does not apply to a
consumer transaction in real property, except for purchases of time
shares and camping club memberships.
This subsection does not
apply with respect to a deceptive act described in section 3(a)(20)
of this chapter. Actual damages awarded to a class have priority over
any civil penalty imposed under this chapter.
(c) The attorney general may bring an action to enjoin a deceptive
act,
including a deceptive act described in section 3(a)(20) of this
chapter, notwithstanding subsections (a) and (b). However, the
attorney general may seek to enjoin patterns of incurable deceptive acts
with respect to consumer transactions in real property. In addition, the
court may:
(1) issue an injunction;
(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers;
(3) order the supplier to pay to the state the reasonable costs of
the attorney general's investigation and prosecution related to the
action; and
(4) provide for the appointment of a receiver.
(d) In an action under subsection (a), (b), or (c), the court may void
or limit the application of contracts or clauses resulting from deceptive
acts and order restitution to be paid to aggrieved consumers.
(e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or the
court of appeals may require the plaintiff, defendant, claimant, or any
other party or parties to give security, or additional security, in such
sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.
(f) Any person who violates the terms of an injunction issued under
subsection (c) shall forfeit and pay to the state a civil penalty of not
more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing an injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (c) has been violated, the court shall award
reasonable costs to the state.
(g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(a)(19) or 3(a)(20) of this
chapter, the attorney general, in an action pursuant to subsection (c),
may recover from the person on behalf of the state a civil penalty of a
fine not exceeding five thousand dollars ($5,000) per violation.
(h) If a court finds that a person has violated section 3(a)(19) of this
chapter, the attorney general, in an action under subsection (c), may
recover from the person on behalf of the state a civil penalty as follows:
(1) For a knowing or intentional violation, one thousand five
hundred dollars ($1,500).
(2) For a violation other than a knowing or intentional violation,
five hundred dollars ($500).
A civil penalty recovered under this subsection shall be deposited in
the consumer protection division telephone solicitation fund
established by IC 24-4.7-3-6 to be used for the administration and
enforcement of section 3(a)(19) of this chapter.
(i) An elderly person relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring an
action to recover treble damages, if appropriate.
(j) An offer to cure is:
(1) not admissible as evidence in a proceeding initiated under this
section unless the offer to cure is delivered by a supplier to the
consumer or a representative of the consumer before the supplier
files the supplier's initial response to a complaint; and
(2) only admissible as evidence in a proceeding initiated under
this section to prove that a supplier is not liable for attorney's fees
under subsection (k).
If the offer to cure is timely delivered by the supplier, the supplier may
submit the offer to cure as evidence to prove in the proceeding in
accordance with the Indiana Rules of Trial Procedure that the supplier
made an offer to cure.
(k) A supplier may not be held liable for the attorney's fees and
court costs of the consumer that are incurred following the timely
delivery of an offer to cure as described in subsection (j) unless the
actual damages awarded, not including attorney's fees and costs, exceed
the value of the offer to cure.
(l) If a court finds that a person has knowingly violated section
3(a)(20) of this chapter, the attorney general, in an action under
subsection (c), may recover from the person on behalf of the state
a civil penalty not exceeding one thousand dollars ($1,000) per
consumer. In determining the amount of the civil penalty in any
action by the attorney general under this subsection, the court shall
consider, among other relevant factors, the frequency and
persistence of noncompliance by the debt collector, the nature of
the noncompliance, and the extent to which the noncompliance was
intentional. A person may not be held liable in any action by the
attorney general for a violation of section 3(a)(20) of this chapter
if the person shows by a preponderance of evidence that the
violation was not intentional and resulted from a bona fide error,
notwithstanding the maintenance of procedures reasonably
adapted to avoid the error. A person may not be held liable in any
action for a violation of this chapter for contacting a person other
than the debtor, if the contact is made in compliance with the Fair
Debt Collection Practices Act.
SOURCE: IC 24-9-2-7; (11)CC127302.21. -->
SECTION 21. IC 24-9-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) "Deceptive act"
means an act or a practice as part of a consumer credit mortgage
transaction involving real property located in Indiana (as defined in
IC 24-9-3-7(a)), or of a real estate transaction (as defined in
IC 24-9-3-7(b)), in which a person at the time of the transaction
knowingly or intentionally:
(1) makes a material misrepresentation; or
(2) conceals material information regarding the terms or
conditions of the transaction.
(b) For purposes of this section, "knowingly" means having actual
knowledge at the time of the transaction.
SOURCE: IC 25-1-7-3; (11)CC127302.22. -->
SECTION 22. IC 25-1-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) Except as
provided in subsection (b), the division is responsible for the
investigation of complaints concerning licensees.
(b) The medical licensing board of Indiana shall investigate a
complaint concerning a physician licensed under IC 25-22.5 and a
violation specified in IC 25-22.5-2-8. The division shall forward a
complaint concerning a physician licensed under IC 25-22.5 and a
violation specified in IC 25-22.5-2-8 to the medical licensing board
of Indiana for investigation by the board. However, if the
complaint includes a violation in addition to a violation specified in
IC 25-22.5-2-8, the division shall investigate the complaint in its
entirety and notify the medical licensing board of Indiana of the
investigation.
SOURCE: IC 25-1-7-5; (11)CC127302.23. -->
SECTION 23. IC 25-1-7-5, AS AMENDED BY P.L.206-2005,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) Subsection (b)(1) does not apply to:
(1) a complaint filed by:
(A) a member of any of the boards listed in section 1 of this
chapter; or
(B) the Indiana professional licensing agency; or
(2) a complaint filed under IC 25-1-5-4.
(b)
Except as provided in section 3(b) of this chapter, the director
has the following duties and powers:
(1) The director shall make an initial determination as to the merit
of each complaint. A copy of a complaint having merit shall be
submitted to the board having jurisdiction over the licensee's
regulated occupation, that board thereby acquiring jurisdiction
over the matter except as otherwise provided in this chapter.
(2) The director shall through any reasonable means notify the
licensee of the nature and ramifications of the complaint and of
the duty of the board to attempt to resolve the complaint through
negotiation.
(3) The director shall report any pertinent information regarding
the status of the complaint to the complainant.
(4) The director may investigate any written complaint against a
licensee. The investigation shall be limited to those areas in which
there appears to be a violation of statutes governing the regulated
occupation.
(5) The director has the power to subpoena witnesses and to send
for and compel the production of books, records, papers, and
documents for the furtherance of any investigation under this
chapter. The circuit or superior court located in the county where
the subpoena is to be issued shall enforce any such subpoena by
the director.
SOURCE: IC 25-1-7-10; (11)CC127302.24. -->
SECTION 24. IC 25-1-7-10, AS AMENDED BY P.L.1-2007,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. (a) Except as provided in
section 3(b) of this chapter, all complaints and information pertaining
to the complaints shall be held in strict confidence until the attorney
general files notice with the board of the attorney general's intent to
prosecute the licensee.
(b) A person in the employ of the office of attorney general or any
of the boards, or any person not a party to the complaint, may not
disclose or further a disclosure of information concerning the
complaint unless the disclosure is required:
(1) under law; or
(2) for the advancement of an investigation.
SOURCE: IC 25-22.5-2-5; (11)CC127302.25. -->
SECTION 25. IC 25-22.5-2-5, AS AMENDED BY P.L.1-2006,
SECTION 446, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. Except for a penalty under
section 8 of this chapter, the funds obtained from registration and
penalty fees shall, upon receipt thereof, be accounted for and paid over
by the agency to the treasurer of state and be placed in the general fund
of the state. The expenses of the board shall be paid from the general
fund upon appropriation being made therefor in the manner required by
law for the making of such appropriations. The amount to be expended
by the board shall not exceed the amount collected by the board from
all sources.
SOURCE: IC 25-22.5-2-8; (11)CC127302.26. -->
SECTION 26. IC 25-22.5-2-8 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 8. (a) The board shall implement
a program to investigate and assess a civil penalty of not more than
one thousand dollars ($1,000) against a physician licensed under
this article for the following violations:
(1) Licensure renewal fraud.
(2) Failure to timely provide copies of patient medical records.
(3) Overcharging for copies of patient medical records.
(4) Improper release of confidential patient information.
(5) Failure to maintain accurate patient records.
(6) Improper termination of a physician and patient
relationship.
(7) Misleading advertising concerning specific board
certification.
(8) Practicing with an expired medical license.
(9) Providing office based anesthesia without the proper
accreditation.
(10) Failure to perform duties required for issuing birth or
death certificates.
(b) An individual who is investigated by the board and found by
the board to have committed a violation specified in subsection (a)
may appeal the determination made by the board in accordance
with IC 4-21.5.
(c) In accordance with the federal Health Care Quality
Improvement Act (42 U.S.C. 11132), the board shall report a
disciplinary board action that is subject to reporting to the
National Practitioner Data Bank. However, the board may not
report board action against a physician for only an administrative
penalty described in subsection (a). The board's action concerning
disciplinary action or an administrative penalty described in
subsection (a) shall be conducted at a hearing that is open to the
public.
(d) The physician compliance fund is established to provide
funds for administering and enforcing the investigation of
violations specified in subsection (a). The fund shall be
administered by the Indiana professional licensing agency.
(e) The expenses of administering the physician compliance fund
shall be paid from the money in the fund. The fund consists of
penalties collected through investigations and assessments by the
board concerning violations specified in subsection (a). Money in
the fund at the end of a state fiscal year does not revert to the state
general fund.
SOURCE: IC 25-35.6-1-8; (11)CC127302.27. -->
SECTION 27. IC 25-35.6-1-8, AS AMENDED BY P.L.197-2007,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
to define the role of support personnel, including the following:
(1) Supervisory responsibilities of the speech-language
pathologist.
(2) Ratio of support personnel to speech-language pathologists.
(3) Scope of duties and restrictions of responsibilities for each
type of support personnel.
(4) Frequency, duration, and documentation of supervision.
(5) Education and training required to perform services.
(6) Procedures for renewing registration and terminating duties.
(b) A speech-language pathologist must meet the following
qualifications to supervise speech-language pathology support
personnel:
(1) Hold a current license as a speech-language pathologist issued
by the board.
(2) Have at least three (3) years of clinical experience.
(3) (2) Except for an individual who:
(A) before September 1, 1990, completed all the course
work and obtained all the experience required to receive a
life license from the department of education; and
(B) was issued a life license by the department of
education;
hold a certificate of clinical competence in speech-language
pathology or its equivalent issued by a nationally recognized
association for speech-language and hearing.
(c) Speech-language pathology support personnel may provide
support services only under the supervision of a speech-language
pathologist.
SOURCE: IC 27-7-3-15.5; (11)CC127302.28. -->
SECTION 28. IC 27-7-3-15.5, AS AMENDED BY P.L.35-2010,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15.5. (a) This section applies to
a transaction
that: the following transactions:
(1)
is a single family residential: A mortgage transaction (as
defined in IC 24-9-3-7(a)) that:
(A)
is:
(i) a first lien purchase money mortgage transaction; or
(B) (ii) a refinancing transaction; and
(2) (B) is closed
by a closing agent after December 31, 2009.
(2) A real estate transaction (as defined in IC 24-9-3-7(b))
that:
(A) does not involve a mortgage transaction described in
subdivision (1); and
(B) is closed by a closing agent (as defined in
IC 6-1.1-12-43(a)(2)) after December 31, 2011.
(b)
For purposes of this subsection, a person described in this
subsection is involved in a transaction to which this section applies
if the person participates in or assists with, or will participate in or
assist with, a transaction to which this section applies. Not later than
September 1, 2009, The department shall establish and maintain an
electronic system for the collection and storage of the following
information,
to the extent applicable, concerning
any of the following
persons that have participated in or assisted with a transaction to which
this section applies, or that will participate in or assist with a
transaction to which this section applies:
(1)
In the case of a transaction described in subsection (a)(1),
the name and license number (under IC 23-2-5) of each loan
brokerage business involved in the transaction.
(2)
In the case of a transaction described in subsection (a)(1),
the name and license or registration number of any mortgage loan
originator who is:
(A) either licensed or registered under state or federal law as
a mortgage loan originator consistent with the Secure and Fair
Enforcement for Mortgage Licensing Act of 2008 (H.R. 3221
Title V); and
(B) involved in the transaction.
(3) The name and license number (under IC 25-34.1) of each:
(A) principal broker; and
(B) salesperson or broker-salesperson, if any;
involved in the transaction.
(4) The
following information:
(A)
The:
(i) name of; and
(B) (ii) code assigned by the National Association of
Insurance Commissioners (NAIC) to;
each title insurance underwriter involved in the transaction.
(B) The type of title insurance policy issued in connection
with the transaction.
(5) The name and license number (under IC 27-1-15.6) of each
title insurance agency and agent involved in the transaction as a
closing agent (as defined in IC 6-1.1-12-43(a)(2)).
(6) The
following information:
(A) The name and:
(A) (i) license or certificate number (under IC 25-34.1-3-8)
of each licensed or certified real estate appraiser; or
(B) (ii) license number (under IC 25-34.1) of each broker;
who appraises the property that is the subject of the
transaction.
(B) The name and registration number (under
IC 25-34.1-11-10) of any appraisal management company
that performs appraisal management services (as defined
in IC 25-34.1-11-3) in connection with the transaction.
(7)
In the case of a transaction described in subsection (a)(1),
the name of the
mortgagee creditor and, if the
mortgagee
creditor is required to be licensed under IC 24-4.4, the license
number of the
mortgagee. creditor.
(8) In the case of a
first lien purchase money mortgage transaction
described in subsection (a)(1)(A)(i) or (a)(2), the name of the
seller of the property that is the subject of the transaction.
(9) In the case of a
first lien purchase money mortgage transaction
described in subsection (a)(1)(A)(i), the following information:
(A) The name of the buyer of the property that is the subject of
the transaction.
(B) The purchase price of the property that is the subject
of the transaction.
(C) The loan amount of the mortgage transaction.
(10) In the case of a transaction described in subsection (a)(2),
the following information:
(A) The name of the buyer of the property that is the
subject of the transaction.
(B) The purchase price of the property that is the subject
of the transaction.
(11) In the case of a transaction described in subsection
(a)(1)(A)(ii), the following information:
(A) The name of the borrower in the mortgage transaction.
(B) The loan amount of the refinancing.
(10) (12) The:
(A) name; and
(B) license number, certificate number, registration number,
or other code, as appropriate;
of any other person that
participates in or assists with is involved
in a transaction to which this section applies, as the department
may prescribe.
(c) The system established by the department under this section
must include a form that:
(1) is uniformly accessible in an electronic format to the closing
agent (as defined in IC 6-1.1-12-43(a)(2)) in the transaction; and
(2) allows the closing agent to do the following:
(A) Input information identifying the property that is the
subject of the transaction by lot or parcel number, street
address, or some other means of identification that the
department determines:
(i) is sufficient to identify the property; and
(ii) is determinable by the closing agent.
(B) Subject to subsection (d) and to the extent determinable,
input the applicable information described in subsection (b).
with respect to each person described in subsection (b) that
participates in or assists with the transaction.
(C) Respond to the following questions, if applicable:
(i) "On what date did you receive the closing instructions
from the creditor in the transaction?".
(ii) "On what date did the transaction close?".
(D) Submit the form electronically to a data base maintained
by the department.
(d) Not later than the time of the closing, each person described in
subsection (b), other than a person described in subsection (b)(8), or
(b)(9), (b)(10), or (b)(11), shall provide to the closing agent in the
transaction the person's:
(1) legal name; and
(2) license number, certificate number, registration number, or
NAIC code, as appropriate;
to allow the closing agent to comply with subsection (c)(2)(B). A In
the case of a transaction described in subsection (a)(1), the person
described in subsection (b)(7) shall, with the cooperation of any
person involved in the transaction and described in subsection
(b)(6)(A) or (b)(6)(B), provide the information required by this
subsection for any person described in subsection (b)(6). that appraises
the property that is the subject of the transaction on behalf of the
person described in subsection (b)(7). In the case of a transaction
described in subsection (a)(1)(A)(ii), the person described in
subsection (b)(7) shall also provide the information described in
subsection (b)(11). A person described in subsection (b)(3)(B) who is
involved in the transaction may provide the information required by
this subsection for a person described in subsection (b)(3)(A) that
serves as the principal broker for the person described in subsection
(b)(3)(B). In the case of a first lien purchase money mortgage
transaction, The closing agent shall determine the information
described in subsection (b)(8), and (b)(9), and (b)(10) from the HUD-1
settlement statement, or in the case of a transaction described in
subsection (a)(2), from the contract or any other document
executed by the parties in connection with the transaction.
(e) Except for a person described in subsection (b)(8), or (b)(9),
(b)(10), or (b)(11), a person described in subsection (b) who fails to
comply with subsection (d) is subject to a civil penalty of one hundred
dollars ($100) for each closing with respect to which the person fails
to comply with subsection (d). The penalty:
(1) may be enforced by the state agency that has administrative
jurisdiction over the person in the same manner that the agency
enforces the payment of fees or other penalties payable to the
agency; and
(2) shall be paid into the home ownership education account
established by IC 5-20-1-27.
(f) Subject to subsection (g), the department shall make the
information stored in the data base described in subsection (c)(2)(D)
accessible to:
(1) each entity described in IC 4-6-12-4; and
(2) the homeowner protection unit established under IC 4-6-12-2.
(g) The department, a closing agent who submits a form under
subsection (c), each entity described in IC 4-6-12-4, and the
homeowner protection unit established under IC 4-6-12-2 shall exercise
all necessary caution to avoid disclosure of any information:
(1) concerning a person described in subsection (b), including the
person's license, registration, or certificate number; and
(2) contained in the data base described in subsection (c)(2)(D);
except to the extent required or authorized by state or federal law.
(h) The department may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to implement this section.
Rules adopted by the department under this subsection may establish
procedures for the department to:
(1) establish;
(2) collect; and
(3) change as necessary;
an administrative fee to cover the department's expenses in establishing
and maintaining the electronic system required by this section.
(i) If the department adopts a rule under IC 4-22-2 to establish an
administrative fee to cover the department's expenses in establishing
and maintaining the electronic system required by this section, as
allowed under subsection (h), the department may:
(1) require the fee to be paid:
(A) to the closing agent responsible for inputting the
information and submitting the form described in subsection
(c)(2); and
(B) by the borrower, the seller, or the buyer in the
transaction;
(2) allow the closing agent described in subdivision (1)(A) to
retain a part of the fee collected to cover the closing agent's costs
in inputting the information and submitting the form described in
subsection (c)(2); and
(3) require the closing agent to pay the remainder of the fee
collected to the department for deposit in the title insurance
enforcement fund established by IC 27-7-3.6-1, for the
department's use in establishing and maintaining the electronic
system required by this section.
SOURCE: IC 34-30-2-96.4; (11)CC127302.29. -->
SECTION 29. IC 34-30-2-96.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 96.4. IC 24-5-0.5-4(l) (Concerning
certain practices governed by the federal Fair Debt Collection
Practices Act (15 U.S.C. 1692 et seq.)).
SOURCE: ; (11)CC127302.30. -->
SECTION 30. [EFFECTIVE JULY 1, 2010 (RETROACTIVE)]: (a)
Notwithstanding IC 25-35.6-1-8(b)(3), before amendment by this
act on July 1, 2011, a speech-language pathologist is not required
to hold a certificate of clinical competence in speech-language
pathology or its equivalent issued by a nationally recognized
association for speech-language and hearing to supervise
speech-language pathology support personnel.
(b) This SECTION expires July 1, 2013.
SOURCE: ; (11)CC127302.31. -->
SECTION 31. [EFFECTIVE JULY 1, 2011] (a) The Indiana
professional licensing agency shall issue a license in
speech-language pathology as follows:
(1) To each individual who applies for licensure and meets the
following qualifications:
(A) Holds a license in speech and hearing therapy issued by
the department of education.
(B) Has a master's degree in speech-language pathology or
a related discipline.
(C) Has been employed as a speech-language pathologist
for at least nine (9) months in the last five (5) years.
(2) To each individual who applies for licensure and meets all
of the following qualifications:
(A) Holds a license in speech-language pathology issued by
the department of education.
(B) Has:
(i) been employed as a speech-language pathologist for at
least nine (9) months in the last five (5) years; or
(ii) taken at least thirty-six (36) hours of continuing
education approved by the department of education or
the health professions bureau after December 31, 2007,
and before January 1, 2013.
(b) This SECTION expires July 1, 2013.
SOURCE: ; (11)CC127302.32. -->
SECTION 32. [EFFECTIVE JULY 1, 2010 (RETROACTIVE)]: (a)
880 IAC 1-2.1-9(i) is void.
(b) The publisher of the Indiana Administrative Code and
Indiana Register shall remove 880 IAC 1-2.1-9(i) from the Indiana
Administrative Code.
(c) This SECTION expires January 1, 2012.
SOURCE: ; (11)CC127302.33. -->
SECTION 33.
An emergency is declared for this act.
(Reference is to EHB 1273 as reprinted April 6, 2011.)
Conference Committee Report
on
Engrossed House
Bill 1273
Text Box
S
igned by:
____________________________ ____________________________
Representative Koch Senator Zakas
Chairperson
____________________________ ____________________________
Representative Pryor Senator Lanane
House Conferees Senate Conferees